Probation Department Policy/Procedure Manual
1.13 Flash Incarceration
| Location |
Division Wide |
| Section |
N/A |
| Subject |
1.13 Flash Incarceration |
| Purpose |
Senate Bill 266, Flash incarceration became effective January 1, 2017 for those sentenced to formal probation and mandatory supervision. |
| Effective Date |
10/24/2022 |
| Previous Effective Date |
|
- Flash shall not be used when a probation violation is trailing a new pending criminal filing. It shall not be used for anyone sentenced pursuant to Penal Code 1210.1
- A Supervising Deputy Probation Officer must approve every term of flash incarceration prior to the imposition.
- A written waiver shall be obtained from the probationer for every period of flash incarceration at the time of arrest agreeing to period of flash incarceration, scanned into documents in monitor and document under sanctions tab. An oral agreement is acceptable. When receiving an oral agreement, it shall be documented in monitor notes and under the sanctions tab.
- The length of a flash incarceration may range from one (1) and ten (10) days as a graduated sanction as outlined in the graduated sanction matrix.
- Should the offender not agree to accept a period of flash incarceration, the Probation Officer is authorized to address the violation with court proceedings.
- Where there are, multiple violations alleged in a single incident, only one (1) flash incarceration is authorized.
- The booking section used for a flash is Penal Code 1203.35.
- Per Penal Code 1203.35 the following notifications shall be made.
• The jail will be notified at time of booking with detainer.
• The court shall be notified via future probation violation proceedings in PV reports.
• Private Attorneys shall be notified with copy of signed agreement.
• The District Attorney shall be notified via email to Eric Dobroth at: [email protected]. The email shall contain probationer last name, first name, DOB and case #.